Contest Numbers Can Be Published, Judge Rules

A Cook County Circuit Court judge refused Tuesday to block The Tribune from publishing the winning numbers of a Chicago Sun-Times contest on the same day as the numbers appear in the Sun-Times.

In denying the Sun-Times` motion for a temporary restraining order against The Tribune, Judge Thomas O`Brien said the Sun-Times hadn`t demonstrated that it had a protected interest in the winning contest numbers or shown a likelihood of succeeding on the merits of its case.

In his oral opinion, which followed a one-hour hearing, the judge drew a distinction between the ``news-making`` of the Sun-Times in running a contest and the ``news-gathering`` of The Tribune in reporting contest results.

``There is no exclusive right of a newsmaker to insist it have a monopoly in reporting its own notoriety,`` O`Brien said. ``The court believes there is no question that winners of contests involving substantial sums, as is alleged in (the Sun-Times`) complaint, are newsworthy and news events.

``The news can be reported without restraint as simply a 1st Amendment right, even though it may cause economic harm to another.``

James Amend, an attorney representing the Sun-Times, said that it hadn`t been decided whether to appeal the ruling against the temporary restraining order.

The judge scheduled a hearing for May 10 on a Sun-Times motion for a preliminary injunction against The Tribune.

In a suit filed Monday against The Tribune, the Sun-Times accused The Tribune of trying to misappropriate the benefits of the Sun-Times` Great Match-up contest by publishing the winning contest numbers on the same day as they appeared in the Sun-Times

The Sun-Times said the contest, which began Sunday, is expected to cost more than $1.25 million.

During the hearing, Amend said The Tribune was trying to take a ``free ride`` on a contest designed to promote and increase the circulation of the Sun-Times. He said The Tribune, by publishing the winning numbers while they were ``hot news,`` or still eligible for prizes, was trying to reap some benefits of that promotion.

James Klenk, an attorney representing The Tribune, argued that the Sun-Times had no protected property interest ``in a random number,`` and therefore The Tribune wasn`t misappropriating any interest by publishing the winning numbers.

Klenk said The Tribune, in publishing the results of the Sun-Times contest or of an Illinois lottery drawing, baseball game or horse race, ``is reporting news. A fundamental principle of the 1st Amendment is you can`t enjoin publishing a true fact.``